Murderer Troy Brake loses appeal of 2008 Grand Rapids sex assault

GRAND RAPIDS (WZZM) -- Troy Brake, the man convicted of killing four people in their Ottawa County home in 2008, lost his appeal of a separate sexual assault of a prostitute in Kent County.

Brake was convicted last year for the September 2008 deaths of Sharmaine Zimmer, her sons Tyler and Jeremy, and Jeremy's girlfriend Katherine Brown. Brake shot and killed the Zimmers, then beat and raped Brown before setting the Zimmers' Wright Township home on fire. He was convicted for the murders in May 2009, and sentenced to life in prison without the possibility of parole.

Two weeks after the murder, Brake was arrested for the attack on a prostitute in Grand Rapids. Brake picked up the woman in his pickup truck, then beat and raped her. The woman escaped, leading to a police search and Brake's arrest.

In the Grand Rapids attack, Brake was convicted in May 2009 on charges of assault with intent to murder, first-degree criminal sexual conduct, assault with a dangerous weapon, and possession of a firearm during a felony. He was sentenced to up to 30 years in prison.

Brake appealed the Grand Rapids conviction, saying his actions were "a drunken attempt to retaliate for what he believed
was a robbery attempt." Brake's attorneys also argued he had no intent to kill the woman, and that he was too drunk to have the intent to kill her.

A three judge panel of the Michigan Court of Appeals ruled Tuesday the amount of force Brake used against the woman and the fact that he used a gun in the attack were enough evidence to show he intended to kill her. The judges also rejected Brake's intoxication defense, saying in the argument lacked merit.